Investigators say based on what they've learned since a deadly Saturday night shooting in the Town of Cheektowaga, the police officer involved was justified in his use of deadly force. It was also revealed the person shot was "intoxicated and distressed" at the time of the incident.
The person shot in the parking lot of the Best Western hotel on Genesee Street near the Airport in that incident was identified as 34-year-old Darrell Bosell of the Town of Java, in Wyoming County. He was sought by New York State Police in connection with a stolen handgun, identified as a .45 caliber semi-automatic, a magazine with eight rounds and an additional 30 rounds of ammunition.
Town of Cheektowaga Police and New York State Police representatives hosted a news conference Monday morning at Cheektowaga's police headquarters, the second time in two days in which police offered details about the weekend incident.
Chief David Zack provided a timeline of Saturday night's events, beginning with the call they received from State Police regarding their search for Bosell. It was determined during the course of the evening Bosell had rented a room at the Best Western and Cheektowaga Police went there to follow up.
"Within 13 seconds of that officer's arrival, the officer believed he spotted Mr. Bosell walking through the parking lot," said Chief Zack. "The officer's patrol car is equipped with an in-car camera video recording system. The recording clearly shows a handgun in Mr. Bosell's right hand.
"It is alleged that Mr. Bosell aggressively approached the officer and directed his handgun at the officer while the officer was still seated in his patrol vehicle, leaving the officer no alternative but to defend himself using deadly physical force."
Upon further investigation, it was determined the gun held by Bosell was unloaded. When asked if this may be a case of "suicide-by-cop," Chief Zack suggested that it was premature to determine Bosell's state of mind.
State Police Major Steven Nigrelli said the search for Bosell began after a citizen reported a gun and ammunition stolen shortly after 6 p.m. Saturday evening. It was State Police who advised Cheektowaga Police that they believed Bosell was in their town.
"No less than four phone calls were placed between a sergeant in Cheektowaga and a trooper in Wyoming County, because we had such concern for this gentleman's well-being," Major Nigrelli said.
"At the end of the day, the men and women of State Police, we are all so very sorry for the family of Mr. Bosell for the tragedy that occured."
The officer involved, who fired two shots according to investigators, has not yet been publicly identified. Zack said the officer's name will remain unreleased pending a decision whether to send the case to a grand jury.
That officer, Zack added, is a 16-year veteran of the force who was trained in Crisis Intervention and had spoken with Bosell by phone earlier in the evening while police still searched for him. It was that officer, Zack said, who determined Bosell was under some sort of emotional distress.
"From what we know now, I don't think there's any question that the officer involved in this occurrence had any choice but to defend himself," Zack said.
